Uncategorized

FCA Claim Cannot Survive On Allegations of Fraudulent Conduct Alone; Must Assert A Fraudulent Claim For Payment

The False Claims Act (“FCA”) is the primary vehicle used by the Federal Government to protect itself against fraud.  The FCA permits a private whistleblower (a “Relator”) to sue a contractor in the name of the United States, and to be awarded a portion of the damages recovered by the government.  That is exactly what a former employee attempted to do when he brought a claim against the largest contractor for the United States Army,…

FCA Claim Cannot Survive On Allegations of Fraudulent Conduct Alone; Must Assert A Fraudulent Claim For Payment Read More »

“Lumping” Multiple Defendants Together Backfires for Plaintiffs; Court Has Discretion to Control Its Docket

A litigant who files a very aggressive lawsuit can sometimes slow down, rather than advance, his or her case.  That is exactly what happened to a retired physician and his irrevocable trust, after they brought suit in Virginia Federal Court against five separate defendants in order to recover over $1 million allegedly defrauded from them.  The case is Cook v. John Hancock Life Ins. Co. The dispute in the case arises out of the physician’s

“Lumping” Multiple Defendants Together Backfires for Plaintiffs; Court Has Discretion to Control Its Docket Read More »

Are employee arbitration agreements a good idea?

Opinions vary, but most employment lawyers believe that they are not worth the effort and expense outside of special industries and unique circumstances.  Many issues arise when employers seek to bind their employees to arbitration agreements.  The U.S. Supreme Court has ruled that employee arbitration agreements must provide at least the same level of protections that employees would have under federal law.  This means that they must be able to recover the same remedies (including

Are employee arbitration agreements a good idea? Read More »

Virginia Decides Issue of First Impression: Unserved Defendant Cannot Remove Diversity Case to Federal Court

According to a recent ruling in a case of first impression arising out of the Norfolk Division of the Eastern District of Virginia, a defendant who is a citizen of the forum state cannot remove a diversity case to federal court, even if the defendant has not yet been served with formal process, because to hold otherwise would be “absurd.” In Campbell v. Hampton Bankshares, Inc., et al., two Virginia banks were sued by their

Virginia Decides Issue of First Impression: Unserved Defendant Cannot Remove Diversity Case to Federal Court Read More »

Businesses May Be Able to Defend Against Title VII Lawsuits by Properly Micromanaging

A female employee’s claim of retaliatory termination under Title VII was tossed out on a summary judgment motion because the supervisor who received the employee’s discrimination complaint was not the same person who was principally responsible for making the termination decision.  The Federal Court’s decision was later affirmed by the Fourth Circuit in Balas v. Huntington Ingalls Industries, Inc. The case involved a claim by a former employee of Northrop Grumman Corporation (Huntington Ingalls Industries,

Businesses May Be Able to Defend Against Title VII Lawsuits by Properly Micromanaging Read More »

Scroll to Top